Triant et al v. American Medical Systems Incorporated
| Mimi Triant and Stavros Triant |
| American Medical Systems Incorporated |
| 2:2012cv00450 |
| March 2, 2012 |
| US District Court for the District of Arizona |
| Phoenix Division Office |
| Maricopa |
| David G Campbell |
| Personal Injury: Health Care |
| 28 U.S.C. ยง 1332 |
| Plaintiff |
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Filing
52
ORDER: IT IS ORDERED: 1. Dr. Rosenzweig will not be permitted to testify on AMS's knowledge or state of mind, to offer legal conclusions, or to opine that mesh causes cancer. 2. Dr. Rosenzweig will be permitted to testify on AMS's design defect and failure to warn, insofar as his testimony is premised on the characteristics of polypropylene and the injures that can result from its implantation in humans. He will not be permitted to testify about the adequacy of AMS's testin g. 3. The Court will defer ruling on Dr. Rosenzweig's alternative design testimony. 4. Dr. Rosenzweig will be permitted to rely on the MSDS for his opinion that that polypropylene mesh should not be used in humans, but will not be permitted to testify that AMS should have performed additional testing based on the MSDS. Signed by Senior Judge David G Campbell on 7/28/2020. (CLB)
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Filing
51
ORDER: Plaintiffs' motion to exclude the opinion of Dr. Saad Juma 13 is granted in part and denied in part. Defendant's motion to exclude the opinion of Dr. Brian Raybon 15 is granted in part and denied in part. Defendant's motion to exclude the opinion of Dr. Richard Trepeta 17 is granted in part and denied in part. Defendant's motion to exclude the opinion of Dr. Colleen Fitzgerald 19 is granted. Defendant's motion for summary judgment 11 is denied as to the punitive damages claim, and granted as to the manufacturing defect and breach of express and implied warranty claims. The Court has scheduled the trial in this case for January 2021 21 . The Court will issue a separate order setting the final pretrial conference and the motions deadlines that will precede the final pretrial conference. The Court will rule on the Rosenzweig expert issues in a separate order. Signed by Senior Judge David G Campbell on 7/20/2020. (REK)
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